The IPKat

JANUARY 10, 2022

asking the Supreme Court to revisit motivation to combine, obvious to try and whether the non-obvious contribution needs to be an improvement over the prior art. Patents In the United States, PatentlyO reported that Apotex Inc. recently issued a petition for writ of certiorari in the case of Apotex Inc. v Cephalon, Inc.,

Blogging 106

Blogging IP Art Copyright 106

Patently-O

MAY 19, 2023

Delving deeper into the conference agenda, we kick off on July 19th with an optional tour of Old Town Alexandria, followed by expert-led discussions on a broad range of topics from the current USPTO Pilot Programs to how to protect your practice from cyber-attacks.

Intellectual Property 69

Intellectual Property Patent Law Invention Art 69

Kluwer Copyright Blog

MARCH 19, 2024

The Kurasov image is available here: Kurasov Tackling the blurred lines between counterfeiting and ingenuity in the art world is certainly not an easy endeavor.

Art 56

Art Plagiarism Artwork Graphic Design 56

LexBlog IP

FEBRUARY 14, 2024

The Federal Circuit also engaged in a fact-specific obviousness inquiry regarding capacitor elements disclosed in the prior art. ” The patent owner response further argued that cited prior art Tayloe’s capacitors were not “storage elements” because they were not part of an energy transfer system.

Inventor 52

Inventor Patent Art Law 52

Kluwer Copyright Blog

MARCH 19, 2024

The Kurasov image is available here: Kurasov Tackling the blurred lines between counterfeiting and ingenuity in the art world is certainly not an easy endeavor.

Art 52

Art Plagiarism Artwork Graphic Design 52

Erik K Pelton

SEPTEMBER 4, 2020

Each time I go to a legal conference or a business conference, one of the biggest topics people are buzzing about is artificial intelligence, and how it might transform the way that a particular career or job or role or industry operates. Computers will also not replace knowing the prior case law on relevant issues.

Trademark 130

Trademark Art Trademark Law Law 130

Patently-O

NOVEMBER 29, 2023

Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. With surgery as the only viable course of treatment, Cloudbreak Therapeutics created a topical application of multikinase inhibitors to provide a non-surgical treatment to prevent recurring tumors, which is recognized in U.S.

Art 49

Art Business Patent Settlement 49

JD Supra Law

FEBRUARY 20, 2023

Speakers will offer updates, case summaries, and analysis of the significant 2022 PTAB guidance, actions, and rulings.

Art 52

Art Designs Design 52

The IPKat

DECEMBER 31, 2021

Legal Background: Grace Periods According to Article 54 EPC , the state of the art for determining novelty constitutes everything that was made available to the public before the priority date of the patent application, regardless of whether the applicant/inventor was responsible for the publication. 102(b)(1)(A) ). 102(b)(1)(B) ).

Patent 131

Patent Inventor Patent Application Art 131

Chicago IP

MAY 12, 2021

Of particular note: Carjams’ claim that Putco should be limited to ten topics, without some agreement by the parties, was not supported by the Federal Rules or the law. The Court would not prevent damages topics because Carjams intended to use a damages expert. Damages was still an appropriate topic for a corporate deposition.

Patent 40

Patent Patent Application Art Licensing 40

SpicyIP

APRIL 10, 2024

In the last few days, the Madras and Delhi High Courts have passed a few significant orders on these topics. Regarding the method claim, the Court held that the same was not novel as it was “well known” in the art. However, the Court did not explain how the method claim is well known in the art or what these prior arts were.

Patent 45

Patent Cease and Desist Invention Art 45

The IPKat

FEBRUARY 16, 2024

Policy debates in the US and the EU by Anna Pokrovskaya "Reviewing" the prior art The question of whether AI can be considered a person having ordinary skill in the art (PHOSITA) in a given field is a topic of significant debate in the policy realms of both the US and the EU.

Intellectual Property 120

Intellectual Property Intellectual Property Law Art Inventor 120

The IPKat

JULY 19, 2022

The stated aim of the workshop, which took place at the end of June, was to provide users with "clarity" on description amendments in view of some recent conflicting decisions on the topic from the Boards of Appeal. The EPO has now reported that the workshop of experts "confirmed" EPO practice on description amendments.

Patent Application 131

Patent Application Reporting Advertising Advertising 131

Patently-O

MARCH 31, 2024

The majority of these factors are associated with what might be termed the “prima facie” obviousness case that focuses on directly comparing the most relevant prior art against the invention as claimed. Did the claimed invention achieve unexpectedly superior results over the closest prior art?

Invention 59

Invention Copying Licensing Art 59

LexBlog IP

FEBRUARY 28, 2023

A prior paper published from this subcommittee in 2021 analyzed a series of U.S. § 103 (obviousness), a claimed invention cannot be previously recited in a combination of prior art references, where one skilled in the art would have had some motivation to combine those references in the same manner as claimed.

Invention 52

Invention Intellectual Property Art Patent 52

The IPKat

OCTOBER 25, 2021

Conversely, if the patentee's additional data were taken into account, the Board of Appeal found that the objective technical problem to be solved in view of the prior art could be revised as the provision of an synergistic insecticide activity against C. suppressallis , i.e. the moth species to which the new data related.

Invention 86

Invention Publishing Patent Application Art 86

The IPKat

NOVEMBER 14, 2022

a wise cat that care about environment kindly provided in CC0 Public Domain license by Pixhere.com) Having to make a selection among the many topics covered, this GuestKat finds it interesting to note that during the conference the EPO case G2/21 on 'plausibility', was repeatedly discussed from different angles.

IP 76

IP Marketing Marketing Confidentiality 76

The IPKat

FEBRUARY 7, 2022

The draft 2022 Guidelines as they currently stand have ensured that description amendments will remain a controversial topic, and the EPO can probably expect many submissions on this topic from users. The deadline for submitting a response to the consultation is 15 April 2022. T 0471/20) (5 Jan 2022).

Invention 98

Invention Patent Application Patent Prosecution Patent 98

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property attorney, I am often battered with questions about the topic. Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. That’s understandable.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

The IPKat

JANUARY 16, 2022

In January and February WIPO will host webinars on the following topics: " ISNI: Numbering public names for the creative industries ", " Rights Data and Identifiers for Musical Works and Rights Holders " and " Rights data and identifiers for performers ". The web link and practical information will be emailed prior to the workshop.

Intellectual Property 80

Intellectual Property Registration IP Copyright 80

Patently-O

FEBRUARY 24, 2022

and (2) Is eligibility a pure questions of law (based upon the claims); or does it also involve a “question of fact for the jury based upon the state of the art at the time of the patent?” Prior Art for IPRs : An interesting statutory interpretation petition is pending in Baxter v. ( Alice Step 1). ” 35 U.S.C.

Patent Law 95

Patent Law Law Patent Litigation 95

SpicyIP

NOVEMBER 8, 2023

The IPAB held that the invention was hit by the obviousness bar, as the use of each of the integers involved in the invention was known from the prior art. As the invention did not entail a new product or a technical advance, it was held to be obvious to a person skilled in the art. In Asthristis Relied Plus Ltd.

Invention 69

Invention Patent Art Patent Law 69

LexBlog IP

JANUARY 25, 2022

PQAI is a free patent search tool provided on the Founders Legal website that offers users the ability to search for patents, patent applications, and prior art from around the world based on a description. These results can then be downloaded into a free report. – Northwestern University. – Cornell University.

Inventor 52

Inventor Intellectual Property Invention Patent Application 52

SpicyIP

MARCH 4, 2024

Here is another round of SpicyIP flashbacks by Lokesh, where he looks into a variety of topics ranging from IP and Gaming to Biodiversity and Benefit Sharing! It was alleged by the appellant that the impugned order lacks the necessary reasons and cursorily holds that the technical features of the invention fall within the cited prior art.

Invention 59

Invention Trademark IP Patent 59

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? If you’re interested in doing a deeper dive into how all of this works, I recommend following Andres Guadamuz’s blog on the topic.) 17 U.S.C. §

Derivative Work 108

Derivative Work Art Copying Fair Use 108

Kluwer Copyright Blog

JANUARY 26, 2023

Within its objectives, there is the encouragement of “research, development and innovation by companies, ICT and non-profit private entities, with the aim of increasing the productivity and competitiveness of the economy, generating wealth and social well-being” (art. Under art.

Copyright 56

Copyright Intellectual Property Copyright Law IP 56

The IPKat

SEPTEMBER 21, 2021

The potential for a referral on this topic may have come as a surprise to some, given the established case law of the Board of Appeal on plausibility and post-filed evidence (Case Law of the Boards of Appeal, I-D-4.6 ). This was because the closest prior art may not be known to the applicant at the time when the application as filed.

Publishing 82

Publishing Invention Art Law 82

The IPKat

DECEMBER 26, 2022

The court also recalled the difference between originality and novelty as understood under design law and the non-relevance of prior art in copyright cases. On this very topic, the Opinion in Cofemel of Advocate General Szpunar provides enlightening clarifications [IPKat on Cofemel here ].

Law 95

Law Copyright Infringement Moral Rights Copyright 95

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. That’s understandable. Trademarks.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

The topic of interest is related to both the cellular and molecular aspects of biological objects. Researchers should be very careful about prior publication or prior art search, and they should be aware of the patent act before starting their experiments.

Patent 92

Patent Inventor Invention Intellectual Property 92

Nelligan Law

AUGUST 8, 2022

Simply put, IP can be anything – inventions, music, art, plays – created by the human mind. The Copyright Act and The Industrial Design Act both touch on the topic of employment and IP. Schecter et al the Ontario Superior Court stated that non-compete agreements prior to this new legislation remain enforceable.

Intellectual Property 75

Intellectual Property Invention Ownership Contracts 75

LexBlog IP

AUGUST 28, 2023

Specifically, enablement requires a patent specification to contain sufficient information regarding the subject matter of the claims so as to “enable” a person skilled in the art to make and use the claimed invention. This topic was recently previewed in Realtime Data v. The more one claims, the more one must enable.

Invention 52

Invention Patent Application Art Patent 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

For more information about any topic herein, please see our October 20, 2020 webinar, “ IP and Cannabis: The Current Landscape ,” or contact your Fish attorney. The primary challenges for cannabis patent applicants are subject-matter eligibility rejections and the comparative lack of traditional prior art publications in the field.

IP 52

IP Registration Trademark Branding 52

IP Tech Blog

JANUARY 4, 2023

It covers architectural design, software, graphic arts, motions pictures, sound recordings, and more, and it is adaptive to new technological advances that would likely apply to NFTs. As it may be inferred from the Chinese name “Digital Collection” (数字藏品, the “DC”), most NFTs in China assume the form of works of art, photographic works, etc.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

SEPTEMBER 9, 2022

Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1. 2005), the courts found inequitable conduct when an official chose to disclose material prior art to the FDA but not to the USPTO. Who Has a Duty to Disclose. Additionally, in Bruno Independent Living Aids, Inc.

Government 52

Government Intellectual Property Marketing Marketing 52

The IPKat

AUGUST 1, 2022

Sequence listings are used by patent offices to search the prior art for the listed sequences. There is an international requirement for the DNA, RNA and protein sequences disclosed in a patent application to be provided in a sequence listing. As of 1 July 2022, the old international standard for sequence listings, ST.25, 26 standard.

Patent Application 82

Patent Application Patent Copying Publishing 82

The IPKat

OCTOBER 2, 2023

LLM are undeniably very good at providing generic text on a topic for which the internet provides extensive guidance, and for which a deep understanding of complex specialist technical issues is not required. However, on closer inspection, this text will often be extraordinarily generic and lacking in substance.

Patent Drafting 73

Patent Drafting Patent Invention Technology 73